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Sioux Falls Overview
Code of Ordinances of Sioux Falls, SD
SIOUX FALLS, SOUTH DAKOTA CODE OF ORDINANCES
CHARTER
CHARTER PARALLEL REFERENCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
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§ 39.165 FAMILY/MEDICAL LEAVE.
   (a)   The mayor and appointive officers and employees, midmanagement, classified, and emergency services employees not covered by a collective bargaining unit shall have eligible family and medical leave administered in a manner consistent with the requirements of the Family Medical Leave Act (FMLA), 29 U.S.C. § 2611 et seq. The city will utilize a “rolling” 12-month period measured backward from the date an employee uses any FMLA leave. If an employee has available paid leave benefits at the time FMLA leave is required, the FMLA leave will run concurrently with the use of those paid leave benefits until they are exhausted or until the available 12-week FMLA leave period ends, whichever comes first. If an employee’s available paid leave benefits are exhausted prior to the end of the 12-week FMLA period, the remainder of the period shall be granted as unpaid leave.
   (b)   Health and dental insurance benefits will be maintained for the employee/dependents during the FMLA leave period, provided that the employee continues to pay the employee portion of the premium for that insurance at least one month in advance of the coverage. If the employee chooses not to return to work from an unpaid FMLA leave for reasons other than a continued serious health condition or other circumstances beyond the employee’s control, the employee will be required to reimburse to the city the amount paid by the city for the employee’s health insurance premium during the leave.
   (c)   Employees returning from FMLA leave shall be returned to their previous or a similar position with the same rate of pay as they received prior to the commencement of the FMLA.
   (d)   Except as otherwise provided in this section, all FMLA leave will be administered according to the requirements of the Family and Medical Leave Act.
(1992 Code, § 30-133) (Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 28-00, passed 4-10-2000; Ord. 4-01, passed 1-8-2001; Ord. 97-16, passed 8-9-2016; Ord. 115-23, passed 12-5-2023)
§ 39.166 LEGISLATIVE LEAVE.
   The city shall grant a leave of absence without loss of job status or seniority resulting therefrom, to any employee who is a member of the state legislature in order that the employee may perform any official duty as a member of the state legislature. This leave of absence may be taken without pay or the employee may use available paid time off benefits. Seniority and benefit accruals while on unpaid legislative leave of absence shall be as described in § 39.162.
(1992 Code, § 30-133.1) (Ord. 76-98, passed 8-3-1998)
§ 39.167 HEALTH/LIFE/DENTAL.
   (a)   (1)   The city shall make available a health/ dental program to eligible employees. Employees desiring coverage under the program must apply to the city’s human resources department. The conditions of eligibility for coverage of employees and their dependents for health benefits, dental benefits and life insurance are outlined in the respective summary plan descriptions. The city and the employee will pay the following percentage of health/dental insurance premium cost:
 
City Employee Class
Employer Contribution
Employee Contribution
Employee
75%
25%
Employee plus 1
75%
25%
Family
75%
25%
 
      (2)   The city shall provide employees with life insurance coverage equal to one times the employee’s base annual salary rounded to the next higher $1,000, if not already a multiple thereof. The city may provide this life insurance through a self-insured plan or under a group insurance policy or policies issued by an insurance company selected by the city. In addition, the city agrees to provide additional group term life/AD&D insurance coverage and agrees each month to pay the additional group life insurance premium on each employee with payment not to exceed $5 per month per employee.
   (b)   The city shall make available a health promotion program aimed to improve employee health and well-being. The program shall be published, administered and updated by the human resources department.
(1992 Code, § 30-134) (Ord. 37-95, passed 3-6-1995; Ord. 11-96, passed 1-16-1996; Ord. 87-97, passed 12-2-1997; Ord. 131-98, passed 12-7-1998; Ord. 28-00, passed 4-10-2000; Ord. 80-05, passed 8-8-2005)
§ 39.168 DEFERRED COMPENSATION PROGRAM.
   The mayor and all full-time employees may voluntarily participate in the deferred compensation plan administered by Mission Square Retirement.
   (a)   For the nonexempt classified employees, the city will contribute an amount equal to the employee’scontribution up to a maximum of 4% of his or her base hourly rate equal to 80 hours in a pay period.
   (b)   For the mayor and appointive officials and employees and exempt midmanagement employees, the city will contribute an amount equal to the employee’s contribution up to a maximum of 4% of his or her biweekly rate of pay.
(1992 Code, § 30-135) (Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 115-23, passed 12-5-2023)
§ 39.169 UNIFORM/MISCELLANEOUS ALLOWANCE.
   Police and fire appointive and midmanagement exempt employees shall receive an annual allowance for the purchase and maintenance of uniforms.
(1992 Code, § 30-136) (Ord. 37-95, passed 3-6-1995; Ord. 131-98, passed 12-7-1998; Ord. 3-00, passed 1-18-2000)
VACATION LEAVE
§ 39.180 ELIGIBILITY AND ACCUMULATION; FULL-TIME NON-COLLECTIVE BARGAINING UNIT EMPLOYEES.
   (a)   Except as otherwise provided in this section, the mayor, any appointive officer or employee, or any regular full-time midmanagement, classified, or emergency services employee of the city not represented by a collective bargaining unit shall be granted vacation with pay based on the employee’s years of service with the city. The vacation leave shall accrue on a monthly basis.
   (b)   This vacation leave accrual shall begin with the employee's first day of regular employment with the city, but may not be used until the employee has completed one month of service for accrual purposes.
   (c)   Employees hired on or after April 1, 2022, will receive a bank of 40 hours of vacation upon hire, except those appointive officers that receive a bank of hours under (f).
   (d)   Effective April 1, 2022, the officers and employees shall receive a full or prorated vacation benefit with full pay based on the following schedule. Each level in the schedule shall become effective in the month in which the employee’s employment anniversary date occurs. Vacation may be taken beginning the first day of the following month.
Years of Service
Monthly Accrual Level
Years of Service
Monthly Accrual Level
0 but less than 1
6.75
1 but less than 2
10.00
2 but less than 3
10.50
3 but less than 4
11.00
4 but less than 5
11.50
5 but less than 6
12.00
6 but less than 7
12.50
7 but less than 8
13.00
8 but less than 9
13.50
9 but less than 10
14.00
10 but less than 11
14.50
11 but less than 12
15.00
12 but less than 13
15.50
13 but less than 14
16.00
14 and over
16.75
 
Current officers and employees shall be placed at the monthly accrual level commensurate with the new accrual schedule effective April 1, 2022. Employees hired between April 1, 2021, and March 31, 2022, will be placed at the ten-hour per month accrual level effective April 1, 2022.
   (e)   Fire midmanagement employees assigned to a 24-hour shift schedule not represented by a collective bargaining unit shall receive a full or prorated vacation benefit with full pay based on the following schedule. Each new level in the schedule shall become effective in the month in which the employee’s employment anniversary date occurs. Vacation may be taken beginning the first day of the following month.
 
Years of Service
Monthly Accrual Level
Less than 4
14.00 hours
4 but less than 7
16.00 hours
7 but less than 9
18.00 hours
9 but less than 11
20.00 hours
11 and over
22.00 hours
 
Current employees shall be placed at the monthly accrual level commensurate with the new accrual schedule effective April 1, 2022.
   (f)   A bank of vacation hours may be established for a newly hired appointive officer upon recommendation of the director of human resources and approval of the mayor. Upon the appointive officer’s one-year employment anniversary date, regular monthly accrual of vacation will commence in accordance with the established vacation level. Future advancement to the next level of vacation accrual shall assume credited years of service commensurate with the employee's starting accrual level and advancement will occur on the employee's employment anniversary date. The mayor may modify the accrual level for an appointive officer as needed.
   (g)   Emergency services employees shall be placed at the monthly accrual level commensurate with their respective years of service at the time of transition to the city.
(1957 Rev. Ords., § 3.205; 1992 Code, § 30-137) (Ord. 2465, passed 12-12-1966; Ord. 2467, passed 2-6-1967; Ord. 2721, passed 11-30-1970; Ord. 31-73, passed 4-23-1973; Ord. 24-75, passed 4-28-1975; Ord. 86-75, passed 12-22-1975; Ord. 127-81, passed 12-28-1981; Ord. 3-83, passed 1-31-1983; Ord. 16-86, passed 2-24-1986; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 37-95, passed 3-6-1995; Ord. 87-97, passed 12-2-1997; Ord. 11-00, passed 2-14-2000; Ord. 28-00, passed 4-10-2000; Ord. 4-01, passed 1-8-2001; Ord. 30-02, passed 4-8-2002; Ord. 96-11, passed 12-19-2011; Ord. 97-16, passed 8-9-2016; Ord. 32-22, passed 3-1-2022; Ord. 115-23, passed 12-5-2023)
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